60-Day Notice of Proposed Information Collection: Comprehensive Listing of Transactional Documents for Mortgagors, Mortgagees and Contractors; Federal Housing Administration (FHA) Healthcare Facility Documents: Proposed Revisions and Updates of Information Collection, 23058-23060 [2017-10229]
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Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Notices
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6001–N–10]
60-Day Notice of Proposed Information
Collection: HUD-Owned Real EstateGood Neighbor Next Door Program
Office of the Assistant
Secretary for Housing- Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
DATES: Comments Due Date: July 18,
2017.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW., Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Ivery W. Himes, Director, Office of
Single Family Asset Management,
Department of Housing and Urban
Development, 451 7th Street SW.,
Washington, DC 20410; email Ivery W.
Himes at Ivery.W.Himes@hud.gov or
telephone 202–708–1672, option 3. This
is not a toll-free number. Persons with
hearing or speech impairments may
access this number through TTY by
calling the toll-free Federal Relay
Service at (800) 877–8339. Copies of
available documents submitted to OMB
may be obtained from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
A. Overview of Information Collection
Title of Information Collection: HUDOwned Real Estate-Good Neighbor Next
Door Program.
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OMB Approval Number: 2502–0570.
Type of Request: Revision.
Form Numbers: HUD–9549, HUD–
9549–A, HUD–9549–B, HUD–9549–C,
HUD–9549–D, HUD–9549–E.
Description of the need for the
information and proposed use: The
information collection is used in
binding contracts between the purchaser
and HUD in implementing the Good
Neighbor Next Door Sales program. The
respondents are purchasers of single
family HUD-owned properties, who are
teachers, law enforcement officers and
firefighters/emergency medical
technicians that meet the eligibility
criteria under the Good Neighbor Next
Door Sales program.
Affected Public: Individuals or
household.
Estimated Number of Respondents:
5,105.
Estimated Number of Responses:
5,105.
Frequency of Response: On occasion.
Average Hours per Response: 2
minutes.
Total Estimated Burdens: 173.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following: (1) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (2) The accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (3)
Ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) Ways to minimize the
burden of the collection of information
on those who are to respond; including
through the use of appropriate
automated collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Date: May 11, 2017.
Genger Charles,
General Deputy Assistant Secretary for
Housing.
[FR Doc. 2017–10223 Filed 5–18–17; 8:45 am]
BILLING CODE 4210–67–P
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6001–N–07]
60-Day Notice of Proposed Information
Collection: Comprehensive Listing of
Transactional Documents for
Mortgagors, Mortgagees and
Contractors; Federal Housing
Administration (FHA) Healthcare
Facility Documents: Proposed
Revisions and Updates of Information
Collection
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
SUMMARY:
DATES:
Comments Due Date: July 18,
2017.
Interested persons are
invited to submit comments regarding
this notice. Communications must refer
to the above docket number and title.
There are two methods for submitting
public comments:
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW., Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Comments may be
submitted electronically through the
Federal eRulemaking Portal at
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the
www.regulations.gov Web site can be
viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
ADDRESSES:
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
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Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Notices
above. Again, all submissions must refer to
the docket number and title of the notice.
No Facsimile Comments. Facsimile
(fax) comments are not acceptable.
Public Inspection of Public
Comments. All properly submitted
comments and communications will be
available for public inspection and
downloading at www.regulations.gov
under the docket number for this notice.
FOR FURTHER INFORMATION CONTACT: John
M. Hartung, Director, Policy, Risk
Management and Lender Relations
Division, Office of Residential Care
Facilities, Office of Healthcare
Programs, Office of Housing, U.S.
Department of Housing and Urban
Development, 1222 Spruce Street, Room
3.203, St. Louis, MO 63103–2836;
telephone (314) 418–5238 (this is not a
toll-free number). Persons with hearing
or speech disabilities may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
A. Overview of Information Collection
Title of Information Collection:
Comprehensive Listing of Transactional
Documents for Mortgagors, Mortgagees
and Contractors.
OMB Approval Number: 2502–0605.
Type of Request: Revision Request.
Form Number: HUD–9001–ORCF,
HUD–9001a–ORCF, HUD–9001b–ORCF,
HUD–9001c–ORCF, HUD–9001d–ORCF,
HUD–9001e–ORCF, HUD–9001f–ORCF,
HUD–9001g–ORCF, HUD–9001h–ORCF,
HUD–9001i–ORCF, HUD–9002–ORCF,
HUD–9003–ORCF, HUD–9004–ORCF,
HUD–9005–ORCF, HUD–9005a–ORCF,
HUD–9006–ORCF, HUD–9007–ORCF,
HUD–9007a–ORCF, HUD–9009–ORCF,
HUD–90010–ORCF, HUD–90011–ORCF,
HUD–9444–ORCF, HUD–90012–ORCF,
HUD–90013–ORCF, HUD–90014–ORCF,
HUD–90015–ORCF, HUD–90016–ORCF,
HUD–90017–ORCF, HUD–90018–ORCF,
HUD–90021–ORCF, HUD–9442–ORCF,
HUD–90023–ORCF, HUD–91123–ORCF,
HUD–91124–ORCF, HUD–91125–ORCF,
HUD–91127–ORCF, HUD–91129–ORCF,
HUD–92328–ORCF, HUD–92403–ORCF,
HUD–92408–ORCF, HUD–92415–ORCF,
HUD–92437–ORCF, HUD–92441–ORCF,
HUD–92441a–ORCF, HUD–92442–
ORCF, HUD–92448–ORCF, HUD–
92450–ORCF, HUD–92452–ORCF,
HUD–92452A–ORCF, HUD–92455–
ORCF, HUD–92456–ORCF, HUD–
92479–ORCF, HUD–92485–ORCF,
HUD–92554–ORCF, HUD–93305–ORCF,
HUD–95379–ORCF, HUD–2–ORCF,
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HUD–935.2D–ORCF, HUD–941–ORCF,
HUD–9445–ORCF, HUD–9839–ORCF,
HUD–90022–ORCF, HUD–90024–ORCF,
HUD–91116–ORCF, HUD–91126–ORCF,
HUD–91130–ORCF, HUD–92000–ORCF,
HUD–92264a–ORCF, HUD–92434–
ORCF, HUD–90020–ORCF, HUD–
92322–ORCF, HUD–92211–ORCF,
HUD–92331–ORCF, HUD–92333–ORCF,
HUD–92335–ORCF, HUD–92337–ORCF,
HUD–92339–ORCF, HUD–92340–ORCF,
HUD–92341–ORCF, HUD–92342–ORCF,
HUD–2205A–ORCF, HUD–91110–
ORCF, HUD–91111–ORCF, HUD–
91112–ORCF, HUD–91118–ORCF,
HUD–91710–ORCF, HUD–92023–ORCF,
HUD–92070–ORCF, HUD–92071–ORCF,
HUD–92223–ORCF, HUD–92323–ORCF,
HUD–92330–ORCF, HUD–92330A–
ORCF, HUD–92420–ORCF, HUD–
92435–ORCF, HUD–92466–ORCF,
HUD–92466A–ORCF, HUD–92468–
ORCF, HUD–94000–ORCF, HUD–
94000–ORCF–ADD, HUD–94000B–
ORCF, HUD–94001–ORCF, HUD–
94001–ORCF–RI, HUD–9443–ORCF,
HUD–91071–ORCF, HUD–91128–ORCF,
HUD–92412–ORCF, HUD–92414–ORCF,
HUD–92464–ORCF, HUD–92476–ORCF,
HUD–92476B–ORCF, HUD–92476C–
ORCF, HUD–91117–ORCF, HUD–
91725–ORCF, HUD–91725–INST–
ORCF, HUD–91725–CERT–ORCF,
HUD–92325–ORCF, HUD–1044–D–
ORCF, HUD–2537–ORCF, HUD–2747–
ORCF, HUD–9250–ORCF, HUD–9807–
ORCF, HUD–90019–ORCF, HUD–
90029–ORCF, HUD–90030–ORCF,
HUD–90031–ORCF, HUD–90032–ORCF,
HUD–90033–ORCF, HUD–92080–ORCF,
HUD–92117–ORCF, HUD–92228–ORCF,
HUD–92266–ORCF, HUD–92266A–
ORCF, HUD–92266B–ORCF, HUD–
92417–ORCF, HUD–93332–ORCF,
HUD–93333–ORCF, HUD–93334–ORCF,
HUD–93335–ORCF, HUD–93479–ORCF,
HUD–93480–ORCF, HUD–93481–ORCF,
HUD–93486–ORCF, HUD–91116A–
ORCF, HUD–92211A–ORCF, HUD–
92323A–ORCF, HUD–92333A–ORCF,
HUD–92338–ORCF, HUD–92340A–
ORCF, HUD–92420A–ORCF, HUD–
92434A–ORCF, HUD–92440–ORCF,
HUD–92467–ORCF, HUD–92467A–
ORCF, HUD–94000A–ORCF, HUD–
94001A–ORCF.
Description of the Need for the
Information and Proposed Use
The issuance of this notice is modeled
on the public review and input process
that HUD utilized in the establishment
of the healthcare facility documents for
Section 232 of the National Housing Act
(Section 232) program. On March 14,
2013, at 78 FR 16279, after solicitation
of comment, HUD published in the
Federal Register a notice that
announced the approval of the
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23059
healthcare facility documents under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520) (PRA) and an
assignment of a control number, 2502–
0605, by the Office of Management and
Budget (OMB). The final collection
received a 12-month approval.
Following OMB approval, on February
17, 2014, at 79 FR 11114, HUD solicited
additional comment before seeking a 36month approval. After the appropriate
comment and response periods, the
healthcare facility documents were
approved for a 36-month renewal, as of
June 30, 2014, with an expiration of
June 2017.
As required by 5 CFR 1320.8(d)(1) and
consistent with HUD’s process utilized
when establishing the healthcare facility
documents, HUD is soliciting comments
from members of the public and
interested parties on the renewal of the
revised healthcare facility documents.
The healthcare facility documents
include 156 documents going through
the PRA process and available for
review at: www.hud.gov/232comments.
All of the documents that are the subject
of this notice are also listed above. All
documents are presented online in
redline/strikeout format, so that the
reviewer can see the changes proposed
to be made to the documents.
A majority of the documents are being
renewed, and some include edits that
were made to address changes in
policies in recent years or to address
inconsistencies across documents and
other Program Obligations (i.e. the
Section 232 Handbook 4232.1). The
collection also includes new additions
to fold in tools previously only found in
the Multifamily Housing document
collections, as well as to create
consistent formats for submitting
information to ORCF that was not
previously captured in the 2014
document collection, but that is
required by ORCF. A few obsolete
documents are being removed as well.
These include resources that are no
longer relevant to ORCF or duplicate
information already found in other
documents. An example would include
documents specifically related to
‘‘Blended Rate’’ transactions. ORCF
updated its policies after determining
that, consistent with FHA Multifamily
Housing’s approach, an otherwise
eligible transaction could come within
either the Section 223(f) criteria or the
Section 232 Substantial Rehabilitation
criteria and that, therefore, a blending of
the loan-to-value criteria of those two
programs is not necessary.
A brief summary of the more
significant changes per documentation
category is provided below.
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Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Notices
• Lender Narratives—The edits
consist primarily of changes to remove
program guidance from the narratives
and to incorporate updated
underwriting standards specific to, for
example, special use facilities.
• Consolidated Certifications—The
changes consist of streamlining the form
and revising language to incorporate the
changed policy in the new previous
participation regulation with new
definitions such as Controlling
Participant.
• Construction documents—Several
documents are proposed that will
replace the current versions of the
Multifamily forms still in use, such as
a new Borrower Certification for Early
Start/Early Commencement of
Construction projects.
• Underwriting documents—A new
form was added—New Fair Housing
Marketing Plan document—which
provides the Affirmative Fair Housing
Marketing Plan Requirements. ORCF
removed one obsolete document
(Agreement for Payment of Real
Property Taxes) that is more specific to
multifamily housing, and not relevant to
healthcare facilities, as well as the
Certificate of Need for Health Facilities
and Schedule of Facilities Owned,
Operated or Managed, which both
contained duplicative information
provided in other documents. The new
Affirmative Fair Housing Marketing
Plan was vetted with FHEO; other HUD
programs had unique AFHMPs for their
programs, and this new form is meant
to accomplish the same for healthcare
facilities. Appraisal information will
also be collected via a new spreadsheet
that is similar to a collection method
used by the multifamily housing
‘‘wheelbarrow’’.
• Accounts Receivable (AR)
documents—Edits include changes
made to the Intercreditor Agreement
form to address an ongoing issue of how
operators should disclose any crossdefaults between the AR loan and the
HUD loan.
• Master Lease documents—Changes
include adding two new forms:
Termination and Release of CrossDefault Guaranty of Subtenants—
Proposed and Amendment to HUD
Master Lease (Partial Termination and
Release)—Proposed to reflect the 232
Handbook policy related to a release of
a project from a master lease.
• Closing documents—Edits were
made to the Surplus Cash Note and
Subordination Agreement—(Financing)
to restrict distributions when there is
secondary financing.
• Security Instrument/Mortgage Deed
of Trust—Edits were made to the
exculpation provision in the Security
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20:47 May 18, 2017
Jkt 241001
Instrument/Mortgage Deed of Trust to
reflect Multifamily’s form and reduces
the need to amend the document when
the Regulatory Agreement—Borrower
paragraph 38 is changed. New
residential care facilities versions of
Certificate of Actual Cost as well as a
Rider to Security Instrument—LIHTC—
were incorporated into the collection to
replace Multifamily versions still in use
which did not reflect ORCF policy.
• Regulatory Agreement for Fire
Safety—A new Regulatory Agreement
for Fire Safety projects and a
Management Agreement Addendum, as
well as formalization of a Lender
Certification for Insurance Coverage, to
incorporate current samples already in
place were added to the documentation
collection.
• Escrow documents—New proposed
escrow forms for long-term debt service
reserves and Off-Site Facilities were also
added.
• Asset Management documents—
Change of participant application
documents were revised to streamline
the documents needed for a change in
title of mortgaged property, change of
operator or management agent, or
complete change of all the parties.
Documents still being used in the
Multifamily format were incorporated
into this collection, to specifically
address ORCF policy. New Lender
Narratives were also added for the
addition of Accounts Receivable, for
Requests to Release or Modify Original
Loan Collateral and Loan Modifications
(along with a corresponding
Certification). New forms were also
added to incorporate existing samples in
use for 232 Healthcare Portal Access,
and notification to ORCF, by the
Servicer and Operator of developing
concerns within a project.
• Supplemental Loan documents—
All 241a loan documents that have been
in use as samples are now made a part
of the documentation collection for
OMB approval.
Note: HUD makes no changes to the Legal
Opinion and Certification Documents.
Respondents (i.e. affected public):
Borrowers/sponsors, general
contractors, lenders, and others
involved in residential healthcare
facility projects.
Estimated Number of Respondents:
5,468.
Estimated Number of Responses:
24,459.
Frequency of Response: 708.
Average Hours per Response: 5.21.
Total Estimated Burden: 47,174.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
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parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: May 11, 2017.
Genger Charles,
General Deputy Assistant Secretary for
Housing.
[FR Doc. 2017–10229 Filed 5–18–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6006–N–01]
60-Day Notice of Proposed Information
Record of Employee Interview
Office of Labor Standards and
Enforcement, FPM, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval for
the proposed information collection
requirement described below, and will
be submitting to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. The Department is
soliciting public comments on the
subject proposal.
DATES: Comments Due Date: July 18,
2017.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Saundra A. Green, Administrative
Officer, Office of Field Policy and
Management, Department of Housing
and Urban Development, 451 7th Street
SW., Washington, DC 20410, Room 2120
or (202–402–5537), this is not a toll-free
number or email at
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Notices]
[Pages 23058-23060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10229]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6001-N-07]
60-Day Notice of Proposed Information Collection: Comprehensive
Listing of Transactional Documents for Mortgagors, Mortgagees and
Contractors; Federal Housing Administration (FHA) Healthcare Facility
Documents: Proposed Revisions and Updates of Information Collection
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: HUD is seeking approval from the Office of Management and
Budget (OMB) for the information collection described below. In
accordance with the Paperwork Reduction Act, HUD is requesting comment
from all interested parties on the proposed collection of information.
The purpose of this notice is to allow for 60 days of public comment.
DATES: Comments Due Date: July 18, 2017.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice. Communications must refer to the above docket number and
title. There are two methods for submitting public comments:
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Comments may be submitted
electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
www.regulations.gov Web site can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must
be submitted through one of the two methods specified
[[Page 23059]]
above. Again, all submissions must refer to the docket number and
title of the notice.
No Facsimile Comments. Facsimile (fax) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications will be available for public inspection and
downloading at www.regulations.gov under the docket number for this
notice.
FOR FURTHER INFORMATION CONTACT: John M. Hartung, Director, Policy,
Risk Management and Lender Relations Division, Office of Residential
Care Facilities, Office of Healthcare Programs, Office of Housing, U.S.
Department of Housing and Urban Development, 1222 Spruce Street, Room
3.203, St. Louis, MO 63103-2836; telephone (314) 418-5238 (this is not
a toll-free number). Persons with hearing or speech disabilities may
access this number through TTY by calling the toll-free Federal Relay
Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection: Comprehensive Listing of
Transactional Documents for Mortgagors, Mortgagees and Contractors.
OMB Approval Number: 2502-0605.
Type of Request: Revision Request.
Form Number: HUD-9001-ORCF, HUD-9001a-ORCF, HUD-9001b-ORCF, HUD-
9001c-ORCF, HUD-9001d-ORCF, HUD-9001e-ORCF, HUD-9001f-ORCF, HUD-9001g-
ORCF, HUD-9001h-ORCF, HUD-9001i-ORCF, HUD-9002-ORCF, HUD-9003-ORCF,
HUD-9004-ORCF, HUD-9005-ORCF, HUD-9005a-ORCF, HUD-9006-ORCF, HUD-9007-
ORCF, HUD-9007a-ORCF, HUD-9009-ORCF, HUD-90010-ORCF, HUD-90011-ORCF,
HUD-9444-ORCF, HUD-90012-ORCF, HUD-90013-ORCF, HUD-90014-ORCF, HUD-
90015-ORCF, HUD-90016-ORCF, HUD-90017-ORCF, HUD-90018-ORCF, HUD-90021-
ORCF, HUD-9442-ORCF, HUD-90023-ORCF, HUD-91123-ORCF, HUD-91124-ORCF,
HUD-91125-ORCF, HUD-91127-ORCF, HUD-91129-ORCF, HUD-92328-ORCF, HUD-
92403-ORCF, HUD-92408-ORCF, HUD-92415-ORCF, HUD-92437-ORCF, HUD-92441-
ORCF, HUD-92441a-ORCF, HUD-92442-ORCF, HUD-92448-ORCF, HUD-92450-ORCF,
HUD-92452-ORCF, HUD-92452A-ORCF, HUD-92455-ORCF, HUD-92456-ORCF, HUD-
92479-ORCF, HUD-92485-ORCF, HUD-92554-ORCF, HUD-93305-ORCF, HUD-95379-
ORCF, HUD-2-ORCF, HUD-935.2D-ORCF, HUD-941-ORCF, HUD-9445-ORCF, HUD-
9839-ORCF, HUD-90022-ORCF, HUD-90024-ORCF, HUD-91116-ORCF, HUD-91126-
ORCF, HUD-91130-ORCF, HUD-92000-ORCF, HUD-92264a-ORCF, HUD-92434-ORCF,
HUD-90020-ORCF, HUD-92322-ORCF, HUD-92211-ORCF, HUD-92331-ORCF, HUD-
92333-ORCF, HUD-92335-ORCF, HUD-92337-ORCF, HUD-92339-ORCF, HUD-92340-
ORCF, HUD-92341-ORCF, HUD-92342-ORCF, HUD-2205A-ORCF, HUD-91110-ORCF,
HUD-91111-ORCF, HUD-91112-ORCF, HUD-91118-ORCF, HUD-91710-ORCF, HUD-
92023-ORCF, HUD-92070-ORCF, HUD-92071-ORCF, HUD-92223-ORCF, HUD-92323-
ORCF, HUD-92330-ORCF, HUD-92330A-ORCF, HUD-92420-ORCF, HUD-92435-ORCF,
HUD-92466-ORCF, HUD-92466A-ORCF, HUD-92468-ORCF, HUD-94000-ORCF, HUD-
94000-ORCF-ADD, HUD-94000B-ORCF, HUD-94001-ORCF, HUD-94001-ORCF-RI,
HUD-9443-ORCF, HUD-91071-ORCF, HUD-91128-ORCF, HUD-92412-ORCF, HUD-
92414-ORCF, HUD-92464-ORCF, HUD-92476-ORCF, HUD-92476B-ORCF, HUD-
92476C-ORCF, HUD-91117-ORCF, HUD-91725-ORCF, HUD-91725-INST-ORCF, HUD-
91725-CERT-ORCF, HUD-92325-ORCF, HUD-1044-D-ORCF, HUD-2537-ORCF, HUD-
2747-ORCF, HUD-9250-ORCF, HUD-9807-ORCF, HUD-90019-ORCF, HUD-90029-
ORCF, HUD-90030-ORCF, HUD-90031-ORCF, HUD-90032-ORCF, HUD-90033-ORCF,
HUD-92080-ORCF, HUD-92117-ORCF, HUD-92228-ORCF, HUD-92266-ORCF, HUD-
92266A-ORCF, HUD-92266B-ORCF, HUD-92417-ORCF, HUD-93332-ORCF, HUD-
93333-ORCF, HUD-93334-ORCF, HUD-93335-ORCF, HUD-93479-ORCF, HUD-93480-
ORCF, HUD-93481-ORCF, HUD-93486-ORCF, HUD-91116A-ORCF, HUD-92211A-ORCF,
HUD-92323A-ORCF, HUD-92333A-ORCF, HUD-92338-ORCF, HUD-92340A-ORCF, HUD-
92420A-ORCF, HUD-92434A-ORCF, HUD-92440-ORCF, HUD-92467-ORCF, HUD-
92467A-ORCF, HUD-94000A-ORCF, HUD-94001A-ORCF.
Description of the Need for the Information and Proposed Use
The issuance of this notice is modeled on the public review and
input process that HUD utilized in the establishment of the healthcare
facility documents for Section 232 of the National Housing Act (Section
232) program. On March 14, 2013, at 78 FR 16279, after solicitation of
comment, HUD published in the Federal Register a notice that announced
the approval of the healthcare facility documents under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA) and an assignment of
a control number, 2502-0605, by the Office of Management and Budget
(OMB). The final collection received a 12-month approval. Following OMB
approval, on February 17, 2014, at 79 FR 11114, HUD solicited
additional comment before seeking a 36-month approval. After the
appropriate comment and response periods, the healthcare facility
documents were approved for a 36-month renewal, as of June 30, 2014,
with an expiration of June 2017.
As required by 5 CFR 1320.8(d)(1) and consistent with HUD's process
utilized when establishing the healthcare facility documents, HUD is
soliciting comments from members of the public and interested parties
on the renewal of the revised healthcare facility documents. The
healthcare facility documents include 156 documents going through the
PRA process and available for review at: www.hud.gov/232comments. All
of the documents that are the subject of this notice are also listed
above. All documents are presented online in redline/strikeout format,
so that the reviewer can see the changes proposed to be made to the
documents.
A majority of the documents are being renewed, and some include
edits that were made to address changes in policies in recent years or
to address inconsistencies across documents and other Program
Obligations (i.e. the Section 232 Handbook 4232.1). The collection also
includes new additions to fold in tools previously only found in the
Multifamily Housing document collections, as well as to create
consistent formats for submitting information to ORCF that was not
previously captured in the 2014 document collection, but that is
required by ORCF. A few obsolete documents are being removed as well.
These include resources that are no longer relevant to ORCF or
duplicate information already found in other documents. An example
would include documents specifically related to ``Blended Rate''
transactions. ORCF updated its policies after determining that,
consistent with FHA Multifamily Housing's approach, an otherwise
eligible transaction could come within either the Section 223(f)
criteria or the Section 232 Substantial Rehabilitation criteria and
that, therefore, a blending of the loan-to-value criteria of those two
programs is not necessary.
A brief summary of the more significant changes per documentation
category is provided below.
[[Page 23060]]
Lender Narratives--The edits consist primarily of changes
to remove program guidance from the narratives and to incorporate
updated underwriting standards specific to, for example, special use
facilities.
Consolidated Certifications--The changes consist of
streamlining the form and revising language to incorporate the changed
policy in the new previous participation regulation with new
definitions such as Controlling Participant.
Construction documents--Several documents are proposed
that will replace the current versions of the Multifamily forms still
in use, such as a new Borrower Certification for Early Start/Early
Commencement of Construction projects.
Underwriting documents--A new form was added--New Fair
Housing Marketing Plan document--which provides the Affirmative Fair
Housing Marketing Plan Requirements. ORCF removed one obsolete document
(Agreement for Payment of Real Property Taxes) that is more specific to
multifamily housing, and not relevant to healthcare facilities, as well
as the Certificate of Need for Health Facilities and Schedule of
Facilities Owned, Operated or Managed, which both contained duplicative
information provided in other documents. The new Affirmative Fair
Housing Marketing Plan was vetted with FHEO; other HUD programs had
unique AFHMPs for their programs, and this new form is meant to
accomplish the same for healthcare facilities. Appraisal information
will also be collected via a new spreadsheet that is similar to a
collection method used by the multifamily housing ``wheelbarrow''.
Accounts Receivable (AR) documents--Edits include changes
made to the Intercreditor Agreement form to address an ongoing issue of
how operators should disclose any cross-defaults between the AR loan
and the HUD loan.
Master Lease documents--Changes include adding two new
forms: Termination and Release of Cross-Default Guaranty of
Subtenants--Proposed and Amendment to HUD Master Lease (Partial
Termination and Release)--Proposed to reflect the 232 Handbook policy
related to a release of a project from a master lease.
Closing documents--Edits were made to the Surplus Cash
Note and Subordination Agreement--(Financing) to restrict distributions
when there is secondary financing.
Security Instrument/Mortgage Deed of Trust--Edits were
made to the exculpation provision in the Security Instrument/Mortgage
Deed of Trust to reflect Multifamily's form and reduces the need to
amend the document when the Regulatory Agreement--Borrower paragraph 38
is changed. New residential care facilities versions of Certificate of
Actual Cost as well as a Rider to Security Instrument--LIHTC--were
incorporated into the collection to replace Multifamily versions still
in use which did not reflect ORCF policy.
Regulatory Agreement for Fire Safety--A new Regulatory
Agreement for Fire Safety projects and a Management Agreement Addendum,
as well as formalization of a Lender Certification for Insurance
Coverage, to incorporate current samples already in place were added to
the documentation collection.
Escrow documents--New proposed escrow forms for long-term
debt service reserves and Off-Site Facilities were also added.
Asset Management documents--Change of participant
application documents were revised to streamline the documents needed
for a change in title of mortgaged property, change of operator or
management agent, or complete change of all the parties. Documents
still being used in the Multifamily format were incorporated into this
collection, to specifically address ORCF policy. New Lender Narratives
were also added for the addition of Accounts Receivable, for Requests
to Release or Modify Original Loan Collateral and Loan Modifications
(along with a corresponding Certification). New forms were also added
to incorporate existing samples in use for 232 Healthcare Portal
Access, and notification to ORCF, by the Servicer and Operator of
developing concerns within a project.
Supplemental Loan documents--All 241a loan documents that
have been in use as samples are now made a part of the documentation
collection for OMB approval.
Note: HUD makes no changes to the Legal Opinion and
Certification Documents.
Respondents (i.e. affected public): Borrowers/sponsors, general
contractors, lenders, and others involved in residential healthcare
facility projects.
Estimated Number of Respondents: 5,468.
Estimated Number of Responses: 24,459.
Frequency of Response: 708.
Average Hours per Response: 5.21.
Total Estimated Burden: 47,174.
B. Solicitation of Public Comment
This notice is soliciting comments from members of the public and
affected parties concerning the collection of information described in
Section A on the following:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond; including through the use of appropriate
automated collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
HUD encourages interested parties to submit comment in response to
these questions.
Authority: Section 3507 of the Paperwork Reduction Act of 1995,
44 U.S.C. Chapter 35.
Dated: May 11, 2017.
Genger Charles,
General Deputy Assistant Secretary for Housing.
[FR Doc. 2017-10229 Filed 5-18-17; 8:45 am]
BILLING CODE 4210-67-P
